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COSTA RICAN ANTITRUST AUTHORITY ISSUES LENIENCY PROGRAM

Jun/2022

As of June 2022, the Costa Rican Antitrust Authority (“COPROCOM”) implements the Leniency Program.

This Program grants incentives to individuals and companies that participate in practices related to horizontal restraints, so they disclose these practices to COPROCOM.

The persons or entities that participate in this Program can obtain an exemption of 20% and up to 100% of the applicable fine.

To obtain these benefits, the party must submit the request before COPROCOM, detailing the practice, the markets and economic agents involved, together with sufficient evidence and indication of whether it has participated in similar programs with another authority, as well as cooperate during the investigation procedure.

COPROCOM must maintain the confidentiality of the party submitting the request and will indicate how and when its participation in the practice must cease.

Finally, it must be considered that this benefit will only be applicable to practices related to horizontal restraints, which are those that are carried out between competitors and involve sanctions such as: a) fines of up to 10% of the sales of the economic agents involved, b) fines to individuals who participate in these practices, and c) prohibition to contract with the State.

For more information, please contact:

 

Tracy Varela
Senior Counsel

tracy.varela@ariaslaw.com


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